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TIME, PLACE, AND MANNER ADMINISTRATIVE PROCEDURES FOR REGULATION OF NUISANCE ASPECTS OF ESTABLISHMENTS THAT SERVE ALCOHOLIC BEVERAGES

Administrative Rule Adopted by City Council

ARC-ENB-8.01

I. Purpose

The purpose of the Time, Place, and Manner (TPM) Ordinance is to provide for reasonable time, place and manner regulation of the nuisance aspects of establishments that serve alcoholic beverages where adverse effects occur with regard to the surrounding community. The Time, Place, and Manner Ordinance is specifically authorized by ORS 471.164(1).

PCC 14B.120.25 authorizes the ONI Director and Chief of Police to adopt rules and procedures to implement the provisions of Chapter 14B.120.

II. Definitions

For the purposes of these administrative procedures, the following terms shall be defined as set forth below:

B. "Captain of the Drugs and Vice Division (Captain)" means the Captain of the Drugs and Vice Division for the Portland Police;

C. "Chief of Police" as defined in Portland City Code Section 14B.120.020;

D. "Crime Prevention Program Coordinator (CPC)" means the Crime Prevention Program Coordinators for the Office of Neighborhood Involvement;

E. "Crime Prevention Program Manager" means the Manager of the Crime Prevention Program for the Office of Neighborhood Involvement;

F. "Director" as defined in Portland City Code Section 14B.120.020;

G. "Drugs and Vice Division (DVD) Investigators" means the two Drugs and Vice Division investigators for the Portland Police Bureau;

H. "Establishment" as defined in Portland City Code Section 14B.120.020;

I. "Full On-Premises Sales License" means the sale and service of distilled spirits, malt beverages, cider, and wine for consumption on the licensed premises. Also allows licensees who are pre-approved to cater events off the licensed premises;

Q. "Noise Control Officer" means the Noise Control Officer for the Office of Neighborhood Involvement;

R. "Nuisance Abatement Plan (AP)" means an enforceable agreement between the ONI Director or the Chief of Police and the Licensee that specifies terms, conditions, resources and steps that the licensee to abate nuisance activities;

Z. "Signatory Authority" means what agency will have the lead responsibility to develop the abatement plan and petition the Code Hearing Office.

III. Roles and Responsibilities

The Office of Neighborhood Involvement ("ONI") and Portland Police Bureau ("Police") will use a multi-disciplinary team approach to implement the TPM ordinance. The roles and the responsibilities of the stakeholder agencies and program staff are as follows:

A. Director and Chief of Police. The ONI Director and the Chief of Police have authority to enforce the Time, Place and Manner Ordinance. Criteria and a mechanism has been developed by the Office of Neighborhood Involvement and the Portland Police Bureau to determine which agency will take the lead in sending notices, approving abatement plans, and filing complaints to the Code Hearings Office.

Source of Complaints

Authority

Three or more complaints in a 60-day period that originate from the noise officer, neighbors or impacted business or neighborhood associations that do not result in a police report.

ONI Director

Three or more complaints in a 60-day period that result in a filed police report; or

one serious incident.

Chief of Police

A combination of complaints filed by neighbors to ONI and complaints resulting in a police report.

a. Review and substantiate complaints to determine if the nature of the complaint requires further investigation. The review will consist of interviewing the complainant, potential witnesses, and the licensee before any formal notice letter may be sent to the licensee (see 'Substantiating Complaints' section for further detail);

b. Decide which agencies will be included in the investigative process.

i. At a minimum, these agencies shall include: The Portland Police Bureau - DVD and SNO and the Office of Neighborhood Involvement - LLS, CPC and Noise Control Officer.

ii. Additional agencies or organizations may include the OLCC inspection unit, Portland Patrol, and Neighborhood or Business Associations.

3. Make recommendations to the Director and Chief of Police when there is a combination of complaints filed by neighbors to ONI and complaints resulting in a police report.

3. Review all cases and provide input on Abatement Plans, especially those where noise is an issue.

H. Neighborhood Service Manager (NSM). The NSM will:

1. Provide quality assurance by reviewing the case files of TPM;

2. Assist in the case preparation for the Code Hearings Officer; and

3. Present cases to Code Hearings.

I. Crime Prevention Program Manager (CPM). The CPM will:

1. Provide quality assurance by reviewing the case files of TPM;

2. Assist in the case preparation for the Code Hearings Officer; and

3. Present cases to Code Hearings.

IV. Case Development Process

Complaints will be reviewed by the LLT prior to a recommendation being given to the Director and the Chief of Police regarding notice being sent to the licensee. These procedures provide detail to the authority given to the LLT to substantiate complaints as stated in 14B.120.040.

A. Receiving Complaints. Complaints against liquor licenses are received by multiple sources, including:

B. Documenting Complaints. The Office of Neighborhood Involvement and Portland Police Bureau will collaborate with agencies and programs that receive complaints to develop a coordinated and centralized tracking system to accurately document all complaints received relevant to the TPM. The following information will be collected in this process:

1. Name of business involved;

2. Address of business;

3. Date of the incident;

4. Name of complainant;

5. Address of complainant;

6. Type, time and duration of the nuisance activity;

7. Location where nuisance activity occurred;

8. Action taken by complainant or business;

9. Description of violator(s);

10. Number of people involved in nuisance activity;

11. Observations by complainant or other witnesses; and,

12. Willingness of complainant to testify.

C. Substaining Complaints. In developing their recommendation to the Chief of Police and/or Director, the LLT will:

1. Evaluate each complaint to determine whether the complaint can be substantiated:

c. Demonstrate that there have been previous attempts to address the nuisance activities and they have been unsuccessful; and

d. The complainant is available to offer testimony and evidence to the Code Hearings Office to substantiate these facts.

2. Consider the following criteria to evaluate the nature of the complaints:

a. The length of time the licensee has maintained the license (new/old, multiple licenses);

b. Willingness and ability of the licensee to manage the identified nuisance activities;

c. The character of the neighborhood and population (crime around licensee);

d. The significance of a history or pattern of repeated citations for the same violation or a combination activities with violations meeting TPM criteria;

e. Whether the incidents (fights, noise, drug activity, etc.) occurred in the establishment or began in the establishment and continued outside the establishment;

f. Whether the incidents occurred when the establishment was open for business;

g. Whether the incidents involved the licensee, its employees, or patrons;

h. Whether the licensee or its employees have contacted the impacted neighbor, neighborhood association, Crime Prevention Coordinator, Police and cooperated with the investigation;

i. Whether the licensee knew or should have known of the illegal activity;

j. Whether documentation exists, which may include:

i. Neighbor Logs;

ii. Calls for services received by the City, where the caller clearly identifies the nuisance activity and its association to the establishment;

iii. Police Reports;

iv. Noise citation or violations of Portland City Code Title 18 at the establishment or related to or associated with the establishment;

v. Crime Prevention Staff observations;

vi. Pictures depicting the type of nuisance activity with a written or recorded time, date, and type of nuisance activity and identity of the complainant providing the picture;

vii. Video taken in a public place depicting the type of nuisance activity with a written or recorded time, date, and type of nuisance activity and identity of the complainant providing the video; and

viii. OLCC records of nuisance violations provided by the OLCC investigators or inspectors.

3. Review any existing Good Neighbor Agreement (GNA) between the specific establishment and the neighborhood. If no GNA exists, the LLT shall recommend the development of a GNA to address the issue(s).

V. Responsible Neighbor Program

The City of Portland has created a Responsible Neighbor Program (RNP) solely for off-premises licensees to promote livability in neighborhoods. The purpose of the following administrative procedures is to provide detailed information about how to participate in this program.

A. Program Qualification. Any solely off-premises licensee can petition the Director for approval and participate in this program. The off-premises licensee shall develop a "Responsible Neighbor Plan," containing:

1. Verification from the Oregon Liquor Control Commission (OLCC) that the licensee is limited to solely off-premises sales, and is a participant in the OLCC Responsible Vendor Program, as specified in OAR 845-009-0135;

2. Development of a Responsible Neighbor Program: The CPC will meet with the licensee or their designee to develop a plan that includes the following elements:

a. Nuisance control: The CPC will provide contact information to the owner, operator, manager, or a local representative of the parent company of the appropriate authority regarding nuisance activity contained in the TPM ordinance;

b. Litter control: The CPC will assess the surrounding area and make recommendations to prevent litter complaints that are related to the location of the establishment. At least two trash receptacles must be provided on site for customer use next to the on-site pedestrian circulation system for off-premises licensees; and

c. Loitering control: The CPC will make recommendations to prevent loitering that are related to the location of the licensee's premises.

B. Program Approval Process. The off-premises licensee and Crime Prevention Coordinator shall sign the Responsible Neighbor Plan and forward the executed agreement to the TPM file.

C. Removal from the Program. If the off-premises licensee fails to meet the provisions outlined in 14B.120.055, the Director and/or Chief of Police shall remove the licensee from the RNP. Thereafter, the licensee will be subject to the full provisions of the TPM ordinance. Upon removal, the off-premises licensee will:

1. Be able to reapply for the program after one year; and,

2. If the licensee received a sanction set forth by the Code Hearings Officer, they may be able to reapply to the RNP after two years upon completion of their sanction.

D. Change of Ownership. If there is a Change of Ownership on an off-premises licensee, the new licensee must petition the Director and meet the criteria for acceptance into the Responsible Neighbor Program.

E. Change of License. If there is a change of license from off-premises to an on-premises license, the licensee will automatically be removed from the Responsible Neighbor Program.

HISTORY

Ordinance No. 178201, passed by City Council February 18, 2004 and effective March 19, 2004.

Amended by Emergency Ordinance No. 184870, passed by City Council and effective September 14, 2011.